Paradiso v. Drake

¶1 Jeanne E. Drake agreed to sell “as is” nine vacant lots to John Paradiso’s Living Trust (Trust). Drake refused to close the sale because a neighbor’s septic drain field encumbered one of the lots and the proposed warranty deed did not contain the “as is” language present in the original sales agreement. The Trust sued for specific performance, and the trial court granted the Trust summary judgment. On appeal, Drake argues that she could not close because she could not convey clear title to the lots. In the alternative, she asserts that even if she breached the purchase and sale agreement,…